Golden Cycle Corp.

National Labor Relations Board - Board Decisions

Mar 6, 1944

55 N.L.R.B. 270 (N.L.R.B. 1944)

In the Matter of PIKES PEAK FUEL DIVISION OF THE GOLDEN OYOLE
CORPORATION and INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS , WAREHOUSEMEN , AND HELPERS OF AMERICA, LOCAL
UNION No. 943
Case No. 17-R-771.-Decided March 6,1944
Mr. David P. Strickler, of Colorado Springs, Colo.,, for the Company.
Mr. James H. Stidham, of Colorado Springs, Colo., for the Union.
Mr. Wallace E. Royster,'Of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by ,International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of America, Local
Union No. 943, herein called the Union, alleging that a question affect-,
ing commerce had arisen concerning the representation of certain em-
ployees of Pikes Peak Fuel Division of the Golden Cycle Corporation,
Colorado Springs, Colorado, herein called the Company, the' National
Labor Relations Board provided for an appropriate hearing upon due
notice before John A. Weiss, Trial Examiner. Said hearing was, held
at' Colorado Springs, Colorado, on January 18, 1944. The Company
and the Union appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to in-
troduce evidence bearing on the issues. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are- hereby
affirmed. All parties were afforded opportunity to file briefs with the
Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Golden Cycle Corporation stipulated at the hearing that it is
a West Virginia corporation with its principal office and place of busi-
55 N. L R. B., No. 47.
270
PIKES PEAK FUEL DIVISION 271
ness in Colorado Springs, Colorado, where it is engaged in the mining
and milling of gold and silver, in the milling of lead-zinc ores, and the
mining of coal. In connection withits operations it owns and operates
a power plant and a mill, known as the Golden Cycle Mill ,where gold
is reduced to bullion and lead-zinc ores are reduced to concentrates.
The Company owns a majority 'of the stock in the Midland Railway
Company and Cripple Creek Stage Company and operates both of
these enterprises. The Pikes Peak Fuel Division of the Company is,
an integral part'of the Company's business and operates, a coal .mime
known as the Pikeview Mine. 'During the first 8 months of 1943,
approximately, 117,399 tons of 'coal were produced at this mine, of
which 17 percent Was used by the Company's power plant; one-tenth
of 1 percent was used for the heating` of railroad station buildings of
the Company ; 10 percent was trucked to the mill for use in roasting
gold ores; and about 72.9 percent was sold to local customers. About
83 percent of the total electrical energy produced at the Company's
power plant is used by the mill. The mill reduces about 400 tons of
lead-zinc ores daily to 50 tons of concentrates, which are transported
to Dumas. Texas, for smelting. During the year 1942; the Company
purchased supplies for use in its operations, having the approximate
value of $372,608, of which about 25 percent was shipped to the Com-
pany from points outside Colorado.
During the first 8 months of 1943, the Company sold to the United
States Army Camp at Camp Corson, Colorado, approximately 14,668
tons of coal and to the United States Army Base at La Junta, Col-
orado, 443 tons of coal.
In a pinor decision the Board asserted jurisdiction over the em-
ployees in the Company's coal lnine.1 This proceeding concerns the
employees of the Company who are engaged in trucking coal from
the mine to the mill, for use in roasting gold ores and In 'delivering
coal to consumers in Colorado Springs. The Company asserts that
its truck drivers are in no manner engaged in an operation affecting
commerce and are thus without the purview of the National Labor
Relations Act.' As stated above, approximately 17 percent of the,
coal produced at the mine is converted into electrical energy at the
power plant 'and the energy is used largely in the operation of the
mill. Thus; cessation of mine production would directly affect the
operation of the mill and, therefore, the shipment of lead-zinc con-
centrates in commerce. While coal is not trucked to the power plant,
transport of coal from the mine mouth to consumers is incident to
and an integral part of the mine operations. We take official notice
of the fact that the movement of coal in the channels of interstate
'Matter of Pekes Peak Fuel Dicis,on of the Golden Cycle Corporation, 52 N. L R. B
1228.
272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
commerce is large and important, and has been the subject of Federal
regulation. We- find that the production of coal by the Company
affects commerce within the meaning of the Act and,that the functions
of the truck drivers engaged in the delivery of coal; are-so integral
a part of the Company's operations. as- to be within the jurisdiction
of the Board.2
H. THE ORGANIZATIONj INVOLVED
International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America, Local Union No. 943, is a labor or-
ganization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the.Compaliy.
III. THE QUESTION CONCERNING REPRESENTATION
It was stipulated at the hearing that-,about September 15, 1943,
the Union notified the Company that it represented a majority of
all ',the Company's trucking employees employed at the Pikeview
Mine and requested recognition as the exclusive bargaining represent-
ative of those employees. The Company refused such -recognition.
A statement of the Field Examiner, introduced, into evidence at
the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found appropriate .3 -
We find that_a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
Except for its contentions concerning the jurisdiction of the Board
in the premises, the Company does not oppose the unit sought by
the Union., Accordingly, we findr that all truck drivers employed
at the Pikeview Mine of the Company, excluding all supervisory
employees with authority to hire, promote, discharge, discipline, or-
otherwise effect changes in the status of employees, or effectively
recommend such action, constitute a unit 'appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
See Virginia Electric and Power Company v. N. L. if. B. 319 U . S. 533, affirming 132 F.
(2d) 390 (C C. A 4), enforcing 44 N L R B. 404.
' ,The Field Examiner stated that the Union submitted 35 authorization cards all bearing
apparently genuine original signatures Seventeen of the cards bore names of persons whose
names appear on the Company 's pay roll of December 11, 1943. There are 27 employees in
the appropriate unit.
PIKES PEAK FUEL DIVISION 273
the employees in the appropriate unit who were employed during
the pay-roll period immediately preceding the date of the.Direction
of Election herein, subject to the limitations and additions set forth
in the Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 9 of the National
Labor Relations Board Rules and Regulations-Series 3,it is hereby
DIRECTED that, as part of the investigation to ascertairirepresenta-
tives for the- purposes of, collective bargaining with Pikes Peak'Fuel
Division' of the Golden Cycle Corporation, '-Colorado Springs, Col-
orado, an election by secret ballot' shall be conducted as early as,
possible, but not later than thirty (30) days from the date of this
Direction, under the direction and supervision of the Regional Direc-
tor for the Seventeenth Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III,
Sections 10 and 11, of said Rules and Regulations, among the em-
ployees in the unit found appropriate in Section IV, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction, including employees who did not work during
said pay-roll period because they were ill or on vacation- or tempor-
arily laid off, and including employees in the armed forces of the
United States' who present themselves in person at the poll's; `but
excluding any who have since quit or been discharged for -cause"and
have not-been rehired or reinstated prior to the date of the election,
to determine whether or not they desire to be -represented by Inter-
national Brotherhood of Teamsters, Chauffeurs,' Warehousemen and
Helpers of America, Local Union No. 943, -for the purposes of
collective bargaining.
MR. JoHN M. HousTON took no part in the consideration .,of the
above Decision and Direction of Election.
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